§ 5-18-103 — Trafficking of persons

Arkansas § 5-18-103

• Jurisdiction: Arkansas
• Title: 5

Text

(a) A person commits the offense of trafficking of persons if he or she knowingly: (1) Recruits, harbors, transports, obtains, entices, solicits, isolates, provides, or maintains a person when he or she knows or reasonably should know that the person will be subjected to involuntary servitude; (2) Benefits financially or benefits by receiving anything of value from participation in a venture that he or she knows or reasonably should know is engaged in conduct prohibited under subdivision (a)(1) of this section; (3) Subjects a person to involuntary servitude; (4) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a minor for commercial sexual activity; (5) Sells or offers to sell travel services that he or she knows or reasonably should know include an activity prohibited under subdivisions (a)(1)-(4) of this section; (6) Recruits, entices, solicits, isolates, harbors, transports, provides, maintains, or obtains a pregnant woman for the purpose of causing the pregnant woman to place her unborn child for adoption by: (A) The use of or threatened use of physical force; (B) The physical restraint or threat of physical restraint of a person; (C) Serious physical injury or threat of serious physical injury to a person; (D) Abuse or threatened abuse of law or legal process; (E) Any scheme, plan, or pattern that has a purpose to cause the pregnant woman to believe that, if the pregnant woman does not place the unborn child for adoption, a person would suffer serious physical injury or physical restraint; or (F) Means of serious harm or threats of serious harm to a person; or (7) Benefits financially or benefits by receiving anything of value from participating in an act described under subdivision (a)(6) of this section. (b) It is not a defense to prosecution under subdivision (a)(4) of this section that the actor: (1) Did not have knowledge of a victim's age; or (2) Mistakenly believed a victim was not a minor. (c) (1) Trafficking of persons is a Class A felony. (2) Trafficking of persons is a Class Y felony if a victim was a minor at the time of the offense. (d) (1) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000). (2) Fine payments received under subdivision (d)(1) of this section shall be deposited as follows: (A) Fifty percent (50%) into the Safe Harbor Fund for Sexually Exploited Children; and (B) Fifty percent (50%) into the Human Trafficking Victim Support Fund.

Legislative History

Amended by Act 2023, No. 736,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 327,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 327,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1106,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 1022,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1080,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1257,§ 4, eff. 8/16/2013. Added by Act 2013, No. 133,§ 3, eff. 8/16/2013. Added by Act 2013, No. 132,§ 3, eff. 8/16/2013.